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The Florida Bar Labor & Employment Section "Litigation Skills" CLE Seminar

Please join the Florida Bar Labor and Employment Law Section for “Litigation Skills,” a live, in-person event at Le Méridien Tampa and Live Webcast. Live webcast registrants have 90-day, on-demand access.   As we return to court for jury trials in the post-COVID era, this CLE will provide invaluable ideas, tips, and guidance on impaneling a jury, engaging in effective and ethical discovery, handling third-party witnesses, weighing the pros and cons of virtual versus in-person mediation, employing powerful trial techniques, handling summary judgments in state versus federal courts, engaging in all aspects of the EEOC and FEPA process, and seeking judicial approval of FLSA settlement agreements.

8:55 am – 9:00 am - Welcome

9:00 am – 10:00 am - Adding Clarity to FLSA Settlement Fog: A View from the Bench

This presentation will discuss the differing views from the bench regarding judicial approval of FLSA settlements. The presentation aims to provide insights to practitioners on what to expect when seeking judicial review of FLSA settlement agreements depending on where the case is pending and the judge assigned to the matter.

10:00 am – 10:50 am - EEOC & FEPA Updates: An Insight on All Aspects of the EEOC & FEPA Process

This presentation will provide insight into the EEOC and FEPA process, including discussions about effective charges and positions statements, handling requests for information, the mediation and conciliation process, fact-finding conferences or administrative hearings, and the impact of the result of the administrative process on subsequent litigation.

10:50 am – 11:00 am - Break

11:00 am – 12:00 pm - The Battle of Mediators: Virtual or In-Person? That’s the Question!

This presentation will offer practitioners perspectives from local mediators regarding the pros and cons of virtual versus in-person mediation. The mediators will also share insights regarding judicial trends in allowing virtual mediation depending on the judge overseeing a case ordered to mediation. 

12:00 pm – 12:50 pm - Lunch

12:50 pm – 1:50 pm - Ethical and Electronic Discovery

This presentation will discuss ethical and effective discovery techniques such as deposition objections, written discovery and objections, etc. The presentation will include discussion regarding technology strategies and resources that can be employed when producing or reviewing e-discovery. 

1:50 pm – 2:40 pm - Forum Matters: Summary Judgments in State Versus Federal Court

This presentation will discuss summary judgment practice in state and federal courts with a focus on practical comparisons following the state recently adopting the federal standard of review.

2:40 pm – 2:50 pm - Break

2:50 pm – 3:40 pm - How to Develop a Trial Theme & Trial Techniques

Whether you win at trial can largely depend on your ability to persuade a jury that your theory of the case is the right one. During this presentation, you will hear about how to develop powerful trial themes and how to incorporate them throughout the presentation of your case.

3:40 pm – 4:30 pm - Pick Me! A Presentation on Jury Selection

Impaneling a jury can be one of the most important jobs trial lawyers have when litigating an employment discrimination case. In this presentation, you will hear all about the nuts and bolts of effective jury selection from various perspectives. Additionally, the presentation will include information provided by a jury consultant on effective tools that can be used during voir dire and jury selection.

4:30 pm – 4:40 pm - Break

4:40 pm – 5:30 pm - Third-Party Witness Discovery

Experienced trial attorneys know that cases can often be won or lost on the basis of third-party witnesses. Third-party witnesses can be wild cards who need to be identified early and incorporated into the litigation and trial strategy. This presentation will focus on how third-party witnesses play into employment cases, when and how to contact them and the ethical considerations of doing this properly, and how to get the most out of third-party witnesses both for summary judgment and trial.

5:30 pm - Closing Remarks

The course is approved for 8.5 General, 2 Ethics, 1 Technology CLE credit; 8.5 Civil Trial, 8.5 Labor and Employment Law certification hours.